Waivers

(1) Pursuant to T.C.A. § 49-1-201(d), upon application by an LEA for one (1) or more of its schools, the Commissioner of Education may waive any State Board rule or statute that inhibits or hinders the LEA’s ability to meet its goals or comply with its mission. (2) Waivers shall not be granted by the Commissioner for requirements related to: (a) Federal and state civil rights; (b) Federal, state, and local health and safety; (c) Federal and state public records; (d) Immunizations; DISTRICT AND SCHOOL OPERATIONS CHAPTER 0520-01-02 (e) Possession of weapons on school grounds; (f) Background checks and fingerprinting of personnel; (g) Federal and state special education services; (h) Student due process; (i) Parental rights; (j) Federal and state student assessment and accountability; (k) Open meetings; (l) Educators’ due process rights; (m) Reductions in teachers’ salaries; (n) Employee rights, salaries and benefits; (o) Licensure of employees; (p) Maximum class sizes established in T.C.A. § 49-1-104, unless in the case of a natural disaster that results in the enrollment of displaced students. (3) All waiver requests shall be submitted in writing to the Commissioner by the director of schools on the forms provided by the Department. (4) All waiver requests shall include a listing of the specific State Board rule or statute requested to be waived. (5) The Commissioner may request additional information to supplement a completed request. (6) The Department shall post to its website any waiver of statutes, rules, regulations, or policies granted by the Commissioner within five (5) business days of the Commissioner’s approval. The waivers shall include the name of the LEA requesting the waiver and an explanation of the waiver requested.